Ohio Questions & Answers

Q: how would we go about buying a foot of property from the neighbor if our house was built a foot on their property

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Nov 15, 2018
Joseph Jaap's answer
To resolve that encroachment, you will need to retain an attorney to assist you, and the neighbor would have to cooperate. You also will need a boundary survey, and there could be issues with zoning setbacks. Building a house over a property boundary is very rare. Many things had to go wrong to allow that to happen. Use the Find a Lawyer tab to retain a local real estate attorney to assist you.

Q: Can a landlord evict if they accepted a partial payment in Ohio

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Nov 15, 2018
Joseph Jaap's answer
Yes, landlord can file an eviction for non-payment of rent. If a landlord accepts rent or partial rent after the eviction is filed, the eviction can be dismissed. But if partial rent is paid, a landlord can file eviction after that, if the rest of the rent is not paid before filing the eviction.

Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?

1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Ohio on
Answered on Nov 14, 2018
Matthew Williams' answer
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.

Q: I'm a father paying child support. The mother recently told me to pay 3 yrs of increases to health ins. all at once .

1 Answer | Asked in Family Law and Child Support for Ohio on
Answered on Nov 14, 2018
Joseph Jaap's answer
An attorney would have to review the child support order and what it says about health insurance payments. If you pay what you can to spread out the $500, a court would take that into consideration. But use the Find a Lawyer tab to consult a local family law attorney.

Q: Can landlord go in the property without notice to tenant. There is no written lease between the two.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Nov 14, 2018
Joseph Jaap's answer
Ohio law requires landlords to give reasonable notice, unless it is an emergency. But that doesn't always stop a landlord from entering. Tenant could call the police, but the police are unlikely to get involved.

Q: tenant moved everything but couch and bags of ?. she did not cancel utilities or leave keys. can i take possession?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Nov 14, 2018
Joseph Jaap's answer
If a landlord changes locks, takes possession, and disposes of personal property without a eviction, there is a risk tenant could sue. To be safe, a landlord should pursue a proper eviction, and move out the property after the eviction order is issued.

Q: Can a resident in a facility be recorded on video surveillance by family members without the resident's consent?

1 Answer | Asked in Elder Law for Ohio on
Answered on Nov 13, 2018
Moshe Toron Esq's answer
If the resident is competent to make medical decisions, then no.

Q: Can i sue in small claims court for money someone "owes" me in purchase agreement plus the max $6000 you can sue for?

1 Answer | Asked in Business Law, Contracts and Small Claims for Ohio on
Answered on Nov 13, 2018
Joseph Jaap's answer
The maximum award in small claims court is $6000. In municipal court it is $15,000. Beyond that amount, or for specific performance, it is Common Pleas Court.

Q: Can I throw out a tenant's belongings when she has been warned to remove them from the common areas?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Nov 13, 2018
Joseph Jaap's answer
Check if the lease says she must keep the leased premises clean and in good condition. Leaving stuff outside could be a breach of that provision. There is no law that specifies any time limit for when you can get rid of it. If you throw it out, she could always sue, since anybody can sue. But a court could decide that you gave her sufficient notice, and that she abandoned the property in public areas where it can be taken by anyone.

Q: I no longer am in a lease, can my landlord change the locks without giving me written notice first?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Nov 13, 2018
Joseph Jaap's answer
That would be an improper lockout, and you could sue landlord if he did it. But there is nothing to physically stop landlord from doing it while you are gone. You could then call a locksmith and change them back to regain entry. Landlord might then report it as a break-in. If the police were called, they probably would not get involved, but they could. If your lease has expired, you are a month to month tenant, and your occupancy can be terminated at the end of any month by landlord giving...

Q: My landlord wants to move his cousin in with me I told him No because I don’t know this man

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Nov 13, 2018
Joseph Jaap's answer
If you have a written lease, check the terms. A lease typically gives tenant exclusive occupancy, unless it is a student housing lease. Use the Find a Lawyer tab to retain a local real estate attorney to review the lease and contact landlord.

Q: Backgrnd check says open warrant docket says closed w fine due what's correct?

1 Answer | Asked in Criminal Law, Traffic Tickets, Libel & Slander and Municipal Law for Ohio on
Answered on Nov 12, 2018
Brian Smith Esq's answer
I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is served/resolved. They will then re-open the case.

Q: My husband (Ohio resident) & I are separated & during his employer's open enrollment for health insurance, he dropped me

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
If you are still married, his employer would typically require you to sign to change the health insurance, or you could have rights under COBRA. With so long a separation, spousal support is unlikely, but possible. It depends on all the facts. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts of your situation and advise you.

Q: I am getting a divorce. My husband and I built our home 7 months before we were married. My name is not on the loan.

1 Answer | Asked in Divorce for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
Yes, you are entitled to your share of marital property in a divorce, which can include equity in the marital home. It does not matter whose name is on the deed. But if the spouses cannot agree, then the court will decide. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

Q: If a spouse wants to move back to their home town (1.5 hours away) can the kids move with that parent?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
If the parents are married, they have to work it out between them. The court is not involved, and either can take the children anywhere they want. But if the other one objects, then that parent can file for divorce, and then the court will be involved and decide custody. A court would probably disregard any agreement before marriage, since the situation now is different, and the court makes custody determinations based on what is in the best interest of the children now. Before doing...

Q: How soon after a person passes away do their devisees have to pay estate taxes?

1 Answer | Asked in Estate Planning for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
Very few estates are large enough to have federal tax obligation, and Ohio abolished estate taxes. But a final income tax return must be filed for the deceased. Use the Find a Lawyer tab to retain a local estate planning attorney to review the facts of the situation and advise you.

Q: If my ex is arrested, what happens to his support obligations?

1 Answer | Asked in Divorce for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
The support obligation continues. But if he is in jail, he is unable to pay. When he gets out, you can file with the court to collect the unpaid amount and the court will order him to pay the unpaid amount to the extend he is able.

Q: I have shared parenting with my ex husband with me being residential parent. 13 year old refusing to visit father?

1 Answer | Asked in Family Law for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
File with the court for a change in the custody and parenting agreement. The court can ask the child about the situation, and review facts of the situation, and then decide if any changes should be made and what is now in best interest of the child. Keep a daily log of all interactions and communications with spouse, objections of child, attempts made to get child to visit, etc. Use the Find a Lawyer tab and retain a family law attorney to review all the facts and advise you.

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